Charles Hill convicted of killing bus driver

After deliberating for more than six hours Friday, a jury unanimously convicted Charles Hill in the murder of James Brotherton.

Hill, 33, has been on trial this week in the slaying of SCAT bus driver Brotherton, who was found dead early Nov. 22, 2011. Brotherton was lying in a pool of blood near the Gulf Gate library, a single gunshot wound to his back.

Hill was also found guilty of armed kidnapping and robbery with a firearm Friday, and will receive a mandatory sentence of life in prison for first-degree murder.

“It was a cold, cruel and cowardly act and justice was served for James Brotherton and those who loved him,” Assistant State Attorney Art Jackman said after the verdict was read and Brotherton's family quietly stood, hugged and wiped tears from their eyes.

Hill shook his head as the verdict was read, and his fiance quickly left the courtroom.

Since December 2011, Hill has been at the Sarasota County jail awaiting trial and the chance to tell his side of the story.

He did the latter, against the advice of his attorneys, Thursday when he was sworn in to testify. Hill maintained his innocence, denying ever knowing or shooting Brotherton. Instead, he said he was home with his fiance and daughter.

Hill returned to the stand Friday morning, where Jackman cross-examined him.

Jackman pointed out that Hill has a special interest in the outcome of the case — a more significant interest than any other witness to take the stand this week.

“You've had two years to think about what you were going to say on this witness stand,” Jackman said.

Hill acknowledged that he has spent the past two years behind bars and away from his family, but he denied extensive preparation for his testimony.

“The truth is the truth and that's what's been said here,” Hill said.

Hill also corroborated statements made by his fiance Thursday, that in their 168 jail visitations and 518 phone calls, they never discussed details of the case.

Prosecutors showed the jurors on numerous occasions surveillance video from an ATM of Brotherton and another man, who they claimed to be Hill.

“A lot of people look like the man,” Hill said to Jackman. “You have the same jaw structure as the man in the video.”

Jackman asked if Hill murdered Brotherton in cold blood.

“You couldn't be farther from the truth,” the defendant responded.

Jackman said there is too much evidence for the defendant implicated by coincidence alone — the ATM video, various independent witnesses who identified Hill and a smashed gun in Hill's trash can.

“This person is not the unluckiest man in the world,” Jackman said in his closing arguments. “Those are not coincidences, that's evidence.” In the defense's closing statements, Public Defender Carolyn Schlemmer questioned the credibility and consistency of the state's witnesses, particularly Rick Rowland who said he was with Hill before and after Brotherton's death.

Rowland was the person who contacted detectives to identify the suspect in the ATM video.

“Rowland placed a much bigger role in this than he was willing to admit,” Schlemmer said. “Why would somebody come forward? You want to come forward because you want to cast suspicion on someone else. You want to clear your name.”

In the state's rebuttal, Assistant State Attorney Karen Fraivillig said even if jurors discounted Rowland's statements, there is still enough evidence against Hill. She reminded jurors to scrutinize Hill's testimony just like the other witness.

“Was the defendant honest and straightforward or did he have an answer for every single thing?” Fraivillig posed. “Did he expound on every single thing, even when there wasn't a question? Did he take the time to explain himself away?”

She ended her rebuttal asking jurors to look at the image of the man in the ATM video, a man Hill said he has never seen before.

“He sees that man's face every single day of his life when he looks in the mirror,” she said.

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